E.S. Originals Inc. v. Totes Isotoner Corp.

OPINION AND ORDER

LEISURE, District Judge.

This is a diversity action for: (i) breach of contract; (ii) breach of the implied covenant of good faith and fair dealing; and (iii) indemnification. Defendant, Totes Isotoner Corp. (“Totes”), moves to dismiss each of plaintiffs, E.S. Originals Ine.’s (“ESO”), causes of action for lack of subject matter jurisdiction. Alternatively, Totes moves to compel arbitration and to stay this action pending the outcome of the arbitration. In the second alternative, Totes moves pursuant to Federal Rule of Civil Procedure (“Rule”) 12(b)(6) to dismiss each of ESO’s…